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State AGs, echoing NAFCU, call on DOJ to draft ADA website standards
A group of 19 attorneys general, in a letter to Attorney General Jeff Sessions, asked that regulations be drafted pertaining to website accessibility standards under the Americans with Disabilities Act (ADA) – a call that echoes that of NAFCU. The association has engaged with the states’ attorneys general on this issue.
“[W]hen it comes to website accessibility standards, the ADA does not provide clear guidance to the public or regulated entities,” states the letter. “this void in the law has led to unnecessary lawsuits in an effort to exploit the law’s ambiguity for financial gain with little or no corresponding benefit to consumers.”
The letter states the impact these lawsuits have had on credit unions, as well as other industries. To date, credit unions in at least 26 states have been targeted with demand letters on this issue.
In reporting on the attorneys general letter, the Credit Union Journal called out NAFCU’s efforts to fight these lawsuits and cited the association’s data on ADA litigation.
NAFCU and its members strongly support the protections of the ADA and efforts to ensure individuals with disabilities are not discriminated against and have equal access to financial services. However, this is best achieved through clear guidance and standards for website compliance, not through meritless and costly lawsuits.
The association has been active on this issue since last fall and began filing amicus briefs to support credit unions targeted by ADA website accessibility litigation in December. So far, seven of the complaints in which NAFCU has supported the credit union have been dismissed. Two of the association's 16 amicus briefs have been filed at the federal appellate level.
NAFCU has also engaged with the Justice Department and Congress on this issue.
Credit unions receiving demand letters and deciding to fight them through litigation are encouraged to let NAFCU know by emailing NAFCU Vice President of Regulatory Compliance Brandy Bruyere (bbruyere@nafcu.org).
NAFCU has available an updated version of its widely downloaded ADA FAQ document; additional resources for dealing with the ADA issue can be found here.